Procedural Ordre Public in Intra EU Investment Arbitration

Abstract

Since the adoption of the New York Convention in 1958 arbitration has grown to be a successful and in many instances preferable way to solve international commercial disputes. Due to the design and strength of the convention, with its focus on recognition and enforcement, arbitration also proves to be one of few alternatives to traditional court proceedings that is in compliance with international law requirement of fair trial. The days of glory, however, is challenged and we might very well encounter a reality where arbitration is a weak alternative to court proceedings or even, in some instances, a dead end. 
In this paper I will investigate this issue in light of a recent decision from the Supreme Court in Sweden – the case “Investeringsavtalet” – which in this context exemplifies the death of arbitration in intra EU investment dispute settlements.